HomeMy WebLinkAbout2009-175 Grant - RV Manor Foster Grandparent
CITY OF ASHLAND
FINANCIAL ASSISTANCE AWARD CONTRACT
CITY: CITY OF ASHLAND GRANTEE: RV Manor Foster Grandparent Program.
20 E Main Street RVSP
Ashland OR 97520 Address: 1045 Ellendale Dr
(541) 488-5300 Medford, OR 97504
FAX: (541) 552-2059 Telephone: 857-7784
Term of this agreement: July 1, 2009 to June 30, 2011
Amount of grant: $3,500 which will be disbursed twice:
Once at July 1, 2009 and once at July 1, 2010 adiusted for inflation.
Budget subcommittee: Social Service Grant
Contract made the date specified above between the City of Ashland and Grantee named above.
RECITALS: City. has reviewed Grantee's application for a grant and has determined that the request
merits funding and the purpose for which the grant is awarded serves a public purpose. This Grant
agreement (ORS 279A.010 (i) (A) (ii)) is not a public contract for purposes of ORS 279 A-C. ORS
279A.010 (x).
City and Grantee agree:
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1. Amount of Grant.. Subject to the terms and conditions of this contract and in reliance upon
(3rantee's approved application, the CitY agrees to provide fluids in'the amount specified above:'Granl
funds shall be utilized.or contractually committed in the fiscal year for what they are awarded.
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2, Qualified Wb'rk. Grantee' has represe~led:'andb~ e'nieringint6:this cb;iiractnbw;epresents,ih~i
any personnel assigned t.o the work required under lhis'coritractare'fu'lIyqualified to ;performth'e' Work
to which they will be assigned in a skilled and worker-like manner and, .if required to be registered,
licensed or bonded by the State of Oregon, are so registered, licensed 'and bonded. Grantee must
also maintain a current City business license.
3, Use of Grant Funds. The use of grant funds are expressly limited to the activities in the grant
application with modifications, if any, made by the budget subcommittee designated above.
Grantee will report in writing on the use and effect of granted monies compared to the original request
(as modified) per the following:
a. Within 90 days of the event completion (Single event appiications before June 30, 2011)
b. As part of a subsequent application for grant funds from the City, if funding has been
completely used by grantee(Spring 2011)
c. Within 90 days of the end of the current budget fiscal year, whichever is earlier(October 1,
2011)
Grant applicants awarded less than $2,500 are encouraged to maintain documentation to this effect
but are not required to submit a report unless requested by the City except under 2 b. above., '..
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4:Unexpeiided F~inds 'Any grant .funds .heldby the Graniee remainjng~afte;the:puip'ose fo['whiRh
the grant is awarded cir.'this contract is'terminated'shall be'returned' to' the' Citywiihiih'o days'6t
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5. Financia' Records and Inspection. Grantee shall 'maintain a'complete'set of books'and records
relating to the purpose for which the grant was awarded in accordance with generally i,lccepted
accounting principles. Grantee gives the City and any authorized representative of the City access to
and the right to examine all books, records, papers or documents relating to the use of grant funds.
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6. Living Wage Requirements. If the amount of this contract is $18,088 9r more, and if the Grantee
has ten or more employees, then Grantee is required to pay a living wage, as defined in Ashland
Municipal Code Chapter 3.12, to all employees and subcontractors who spend 50% or more of their
time within a month performing work under this contract. Grantees required to pay a living wage are
also required to post the attached notice predominantly in areas where it will be se~n by all
employees.
7. Termination.
a. Mutual Consent. This contract may be terminated at any time by mutual consent of both
parties.
b. City's Convenience. This contract may be terminated at any time by City upon 30 days'
notice in writing and delivered by certified mail or in person.
c. For Cause. City may terminate or modify this contract, in whole or in part, effective upon
delivery of written notice to Grantee, or at such later date as may be established by City
under any of the following conditions:
i. If City funding from federal, state, county or other sources is not obtained and
continued at levels sufficient to allow for the grant;
ii. If federal or state regulations or guidelines are modified, changed, or interpreted
in such a way that the grant purposes are no longer allowable or appropriate for
award under this contract or are no longer eligible for the funding proposed for
payments authorized by this contract; or
iii. If any license or certificate required by law or regulation to be held by Grantee to
provide the services required by this contract is for any reason denied, revoked,
suspended, or not renewed.
8. Default. If Grantee fails to perform or observe any of the covenants or agreements contained in
this contract or fails to expend the grant funds or enter into binding legal agreements to expend the
grant funds within twelve months of the date of this contract, the City, by written notice of default to the
Grantee, may terminate the whole or any part of this contract and may pursue any remedies available
at law or in equity. Such remedies may include, but are not limited to, termination of the contract, stop
payment on or return of the grant funds, payment of interest earned on grant funds or declaration of
ineligibility for the receipt of future grant awards.
In the event of termination, City may stop payment or withhold any Grant funds in City's possession
from Grantee and Grantee shall immediately return all unexpended and unencumbered grant funds.
In addition, City shall be entitled to recover any administrative costs, including attorney fees or
collection costs if encumbered as a result of Grantee's failure to return Grant funds. In the event of
termination, if Grant funds are not returned or it is found that Grant funds were misappropriated,
Grantee shall be ineligible and disbarred from receipt of future grant funds until such matters are
finally adjudicated and settled. The rights and remedies of this section are not exclusive and are in
addition to any other rights and remedies available to the City under the law.
9. Amendments. The terms of this contract will not be waived, altered, modified, supplemented, or
amended in any manner except by written instrument signed by the parties. Such written modification
will be made a part of this contract and subject to all other contract provisions.
10. 'ndemnity. Grantee agrees to defend, indemnify and save City, its officers, employees and agents
harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogation's, or other
damages resulting from injury to any person (including injury resulting in death,) or damage (including
loss or destruction) to properly, of whatsoever nature arising out of or incident to the performance of
this agreement by Grantee (including but not limited to, Grantee's employees, agents, and others
designated by Grantee to perform work or services attendant to this agreement). Grantee shall not be
held responsible for damages caused by the negligence of City.
11. 'nsurance. Grantee shall, at its own expense, at all times for twelve months from the date of
this agreement, maintain in force a comprehensive general liability policy including coverage for
contractual liability for obligations assumed under this Contract, blanket contractual liability,
products and completed operations, and owner's and contractor's protective insurance. The
liability under each policy shall be a minimum of $500,000 per occurrence (combined single limit
for bodily injury and property damage claims) or $500,000 per occurrence for bodily injury and
$100,000 per occurrence for property damage. Liability coverage shall be provided on an
"occurrence" not "claims" basis. The City of Ashland, its officers, employees and agents shall be
named as additional insureds. Certificates of insurance acceptable to the City shall be filed with
the'City's Risk Manager or Finance Director prior to the expenditure of any grant funds. Grantee
shall at its own expense provide the following insurance: Worker's Compensation insurance in
compliance with ORS 656.017, which requires subject employers to provide Oregon workers'
compensation coverage for all their subject workers.
12, Assignment and Subcontracts. Grantee shall not assign this contract or subcontract any
portion of the work without the written consent of City. Any attempted assignment or subcontract
without written consent of City shall be void. Grantee shall be fully responsible for the acts or
omissions of any assigns or subcontractors and of all persons employed by them, and the
approval' by City of any assignment or subcontract shall not create any contractual relation
between the assignee or subcontractor and City.
13. Merger. This contract constitutes the entire agreement between the parties. There are no
understandings, agreements or representations, oral or written, not specified in this contract regarding
this contract. Grantee, by the signature below of its authorized representative, acknowledges that it
has read this contract, .understands it, and agrees to be bound by its terms and conditions.
14. Governing Law; Jurisdiction; Venue. This contract shall be governed and construed in
accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws,
rules or doctriries~ Any claim, action, suit or proceeding (collectively, "the claim") between the City
(and/or any other or department of the State of OregQn) and the.Graniee.that'a'rises from or... ___
relates' tC) tnis-centrad sh'all be hiought and conducted solely and exclusively within the Circuit
Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a
federal forum, then it shall be brought and conducted solely and exclusively within the United
States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by the
signature herein.of its.authorized iep"r'esentative, hereby' consents to the in personam jurisdiction
of said courts. In no event shall this section be construed as a waiver by City of any form of
defense or immunity, based on the Eleventh Amendment to the United States Constitution, or
otherwise, from any claim or from the jurisdiction. .
15. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently
available and authorized for expenditure to finance the costs of this contract within the City's fiscal
year budget. Grantee understands and agrees that City's payment of amounts under this contract
attributable to work performed after the last day of the current fiscal year is contingent on City
appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable
administrative discrelion, to continue to make payments under this' contract. In the event City has
insufficient appropriations, limitations or other expenditure authority, City may terminate this contract
without penalty or liability to City, effective upon the delivery of written notice to Grantee, with no
further liability to Grantee.
16. Non-Discrimination. Grantee shall comply with all applicable federal, state and local laws, rules,
and regulations on nondiscrimination because of race, color, ancestry, national origin,. religion, sex,
marital status,'sexual orientation, age:'medical'condition, or disability .' . " .". '.
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Title~._(JWt1;MJ,' Date '6'1-0)' ,Co
Date~ J-Cf, 6.0091
Caring Communities, a reciproeal Risk Retention Group
CERTIFlCATE OF INSURANCE
THIS CBRTIFICtTB IS ISSUBDAS AI MAT7llR OF INFORMATlONONLJ" AND CONPBRS NO JUGHTS UPON THE CBBTlFICtTB
HOLDEL THIS CEllT1FICATB DOES NOT AM~ BXTBND OR ALTBJIt THE COVBlU.GB AFPORDED BY THE POUClBS
BELOW.
THIS IS ro CB/lf1FYTH,fT THB POUC/B8 OF lN8lJILfNCB USTED BELOW HAl'll BEEN ISSUED TO THE POUCYHOUJBR
FOR 1'HB POUCY PBMOD INDIClTBD,NOTWI7718TANDlNG ,f}{J'RBfJ;UIl/BMlJNT, TERN OR CONDmON OF,f}{J'
CON'lllACTOR 077lEll DOCVMENT W177l RESPBCTro WHICIlTHISCB/lf1F1ClTB MAYBE ISSUED OR MAYPBllTAlN, THE
INSUJUlVCE ,fFFORDED BY THB POUC/B8 DMCRIBBD HllJlIllN IS SUBJBCT ro ALL 1'HB TIlRMS, EXCLUSlONS,fND
CONDmONS 01' SUCH POUCll!& UMlTS SHOWN MAY H,f1'E BBEN lIBDlICBD BY P,fJIJ CLUM.S.
Pollcvholder: Pacific Relirem<nl Services, Inc.
Policv Na.m-: CCRRRG-001S-{)9
Named INSURED: Rowe Vallev M= CommlDlitv Services. Inc.
Certlllcate Holder: The Citv of Ashbmd
InJurer. Caring Commanities, a n:ciprocal Risk ReleDtion Group
Wuhinot"" D.C.
Pollev Form: Senior Services Liability Policy
Polley Term: y.;;;u.;vj 2009-J....""." I,20IOat 12:01 AM
Primary Covenges: Senior Services Organization Professional Liability
Commen:ial General Liability
Employee B_fit P1"",~ Liability
Primary Coverages LImit of UablIlty: $1,000,000.00 Per CLAIM
$3 000 000.00 Policv Period All Coveraees
Self InJured RetentIon: $50,000.00 Per CLAIM
Exceas Coverages rue mbjed 10 tile following Underl)'lng _no... 1b:qnlrementx:
Automobile Liability $1,000,000 Each Accident
Employed Liability $1.000,000 E.r. Per Accident
SI,OOO,OOO E.r. Per DiJease
SI,OOO,OOO E.L. DiJease Policy Limit
Ex.... Coverages Limits of UablUty:
Senior Services Organization Professional Liability $10,000,000.00 Per CLAIM
Commercial Gcucral Liability $10,000.000.00 Per CLAIM
Employee Benefit Programs Liability $5,000,000,00 Per CLAIM 1 Policy Period Aggregate
Automobile Liability $6,000,000.00 Each Accident
E 1 Liabilitv $5,000 000.00 Per CLAIM 1 Policy Period .
SenIor SenIces OrpnlDtIon Prof....onal L1abDity 1_. orf2lnallne In FlorIda, Arkan_ and Lon1alana rue
limited 10: S2,OOO 000 Per CLAIM and Policv Period A
0venII Po Unlit of LlablDtr. $33,000 000,00 All Eventa fur Policy Period
Additional Terms, Coadltloas and Exd_as:
,The CcrtifiCllle Holdt:< is included as an Additional INSURED undt:< lbis POLlCY but only wilb reaped to liability
arising out of services rendered by lbe Named INSURED as oatIined wilbin lbe terms and oonditions of the contractual
agreement for !be Foster Grandparent program b<tween !be Cily of ABh1and and the Named INSURED.
~}:Kdil0.t2 Issued:
Authorized Representative 01/0112009
Caring Communities, a reciprocal Risk. Retention Group
CCRRRG (1109) XS
Certlllc:a18 Number 1Z77